Asked in Immigration Law for Utah

Q: Should my husband apply for a USA B-2 visa in Korea or Egypt?

My Egyptian husband is in South Korea with no visa...I want to invite him to the US ...should he apply in Egypt to improve his chances of approval?

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3 Lawyer Answers
Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Your husband will not be granted a visa from a third country where he is not present with legal status.

Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: A person will not be granted a visa from the third country when not in that country with legal status.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Technically it should be possible, but given the discretion afforded consular officials to grant or deny visas, questions will arise as to whether or not your husband intends to leave the US at the end of his visa. A question about his presence in South Korea with no visa will also likely come up. Whether your husband applies in South Korea or Egypt, many of the questions will be the same, and the government will want to know that he plans to leave to U. S. at the end of his authorized stay. You have not said if you are a citizen of the U. S., but if you are, that fact will have a significant negative impact on his application. We strongly recommend you consult with an immigration attorney to review the circumstances of your specific case.

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